ARTICLE II:

DECLARATION OF PRINCIPLES AND

STATE POLICIES
Declaration of Principles and State Policies = statement of the
basic ideological principles and policies that underlie the
Constitution.
The provisions shed light on the meaning of the other
provisions of the Constitution and they are a guide for all
departments of the government in the implementation of the
Constitution.

Principles = binding rules which must be observed in

the conduct of government (1-6)
o
Not all 6 principles are self-executory
Policies = guidelines for the orientation of the state
(7-28)

Some policies already anchor

justiciable rights.

Kilosbayan v. Morato = read Sec 5,

12, 14, and 17 as mere
guidelines which do not yet
confer rights enforceable by courts
but recognized Section 16 as a
right-conferring provision because
it speaks of the right of the
people

PRINCIPLES
Section 1. The Philippines is a democratic
and republican State. Sovereignty resides in
the people and all government authority
emanates from them.
A state is a community of persons more or less numerous
permanently occupying a definite portion of territory
independent of external control and possessing an organized
government to which a body of inhabitants render habitual
obedience.
Four requirements for a government:
People
Territory
Sovereignty
Government

Sovereignty is defined by Jellinek as the supreme

power to affect all legal interests either by executive,
legal, or judicial action.
Constitutional Authoritarianism = understood and practiced in
the Marcos regime under the 1973 Constitution was the
presumption of the extraordinary powers by the President
INCLUDING LEGISLATIVE AND JUDICIAL and even constituent
powers, where such assumption is authorized bu the letter or
at
least
the
SPIRIT
OF
LEGITIMATELY
ENACTED
CONSTITUTION.

Consti Authoritarianism is compatible with a

republican state if the Consti upon which the
Executive bases his assumption of power is a
legitimate expression of the peoples will

And if the executive who assumes power receives his

office thru a valid election by the people.

Why? Because a republican state is nothing more

than a state where sovereignty resides in the people
and where all government authority emanates from
the people.
Nature and functions of Government

Government that institution or aggregate of

institutions by which an independent society makes
and carries out those rules of action which are
necessary to enable men to live in a social state

Or which are imposed upon the people forming that

society by those who possess the power or authority
of prescribing them

3 great departments: LEGISLATIVE (6), EXECUTIVE

(7), JUDICIARY (8)

2 function of Govt
o
CONSTITUENT compulsory
o
MINISTRANT constitute the very bonds of
society
People v. Gozo

State = legal concept / Nation = ethnic concept

Legal Sovereignty = the supreme power to make

law. Lodged in the people

Political Sovereignty = the sum total of all influences

in a state, legal and non-legal, which determine the
course of law.

A republican state implies a representative

government while a democratic state implies a direct
democracy.

Republican state = all government authority

emanates from the people and is exercised by
representatives chosen by the people

We are not only representative or republican, we also

share aspects of direct democracy such as INITATIVE AND
REFERENDUM (Art VI, Sec. 32)

Sovereignty is the power to make legal decisions.

All sovereignty resides in the people, and whatever

power you have has to be given to you.

Her house was constructed within the naval base

leased to the American armed forces. She seeks to
emasculate our sovereign rights by the assertion that
we
cannot
exercise
therein
administrative
jurisdiction.
Court ruled that the govt is merely gave consent to
the US to exercise jurisdiction in certain cases.
Auto-limitation = a state if it chooses to may refrain
from the exercise of what otherwise is illimitable
competence
Allowing another power to participate in the exercise
of jurisdictional right over certain portions of its
territory. IF IT DOES SO, IT BY NO MEANS FOLLOWS
THAT SUCH AREAS BECOME IMPRESSED WITH AN
ALIEN CHARACTER. THEY RETAIN THEIR STATUS AS
NATIVE SOIL. THEY ARE STILL SUBJECT TO ITS
AUTHORITY
Philippines have NOT abdicated its sovereignty over
the bases as part of the Philippine territory or
divested itself completely of jurisdiction of such
offenses committed therein.
Bases = they are NOT and CANNOT be foreign
territory

Doctrine: The Philippine government merely consents to a

foreign states jurisdiction in certain areas as a matter of
comity, courtesy, or expediency. The US has prior or
preferential, but not exclusive jurisdiction, and the Philippines
does not divest itself of jurisdiction over offenses committed
inside the military bases. The bases are not foreign territory.
Functions of Government As defined in Bacani v. NACOCO,
the functions of government are classified into constituent
and ministrant functions. Constituent Functions The
constituent functions of government are the compulsory

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

functions of government that constitute the very bonds of

society.
As enumerated by Woodrow Wilson, they are:
1. The keeping of order and providing for the protection
of persons and property from violence and robbery.
2. The fixing of legal relations between man and wife
and between parents and children.
3. The regulation of the holding, transmission, and
interchange of property, and the determination its
liabilities for debt or for crime
4. The determination of contract rights between
individuals.
5. The definition and punisment of crime.
6. The administration of justice in civil cases.
7. The determination of the political duties, privileges,
and relations of citizens
8. Dealings of the state with foreign powers: the
preservation of the state from external danger or
encroachment and the advancement of its
international interest.
It is opined that housing for the people and the compelling
demands of social justice now fall under the ambit of a
governments constituent functions.
Bacani v. NACOCO issue was WON NACOCO was part of
government or not. Since NACOCO was a corporation with
personality distinct from government and could not therefore
claim the privileges which flow from sovereignty. When,
however, government chooses to operate not thru a
government owned corporation but thru an incorporated
agency, the distinction between constituent can be useful.
Ministrant Functions
Ministrant functions of the government are the optional
functions that are intended for achieving a better life for the
community. The principles for determining whether or not the
government shall exercise these functions are:

that a government should do for the public welfare

those things that private capital would not naturally
undertake
that a government should do those things which by
its very nature it is better equipped to administer for
the public welfare than any private individual or
group of individuals.

ACCFA v. CUGCO Issue was the characterization of the

functions of a government agency charged with the
implementation of the land reform program. The function may
not strictly be CONSTITUENT in the sense of BACANI. But the
compelling urgency with the Constitution speaks of SOCIAL
JUSTICE does not leave any doubt that land reform is not an
optional but a CUMPOLSARY function of sovereignty.
State, government, and administration
State is the corporate entity, government is the institution
that implements the will of the State, and administration
refers to the people running the institution.
De facto government
Judicial acts and proceedings of de facto governments remain
good and valid even after the liberation or reoccupation of the
Philippines by the American and Filipino forces.

The second is a government established and

maintained by military forces who invade and
occupy a territory of the enemy in the course of
war, and which is denominated a government of
paramount force (Japanese Occupation)
The third kind is that established as an
independent government by the inhabitants of a
country who rise in insurrection against the parent
state (Southern Confederacy)

Of the second kind, denominated as a

government of paramount force.
Distinguishing Characteristics of a De Facto government:
Its existence is maintained by active military power
within the territories and against the rightful
authority of an established and lawful government
While it exists it must necessarily be obeyed in civil
matters by private citizens, who by obedience
rendered in submission to such force, do not become
responsible as wrongdoers for those acts, though not
warranted by the laws of the rightful government.
Philippine Government promulgated during the Japanese
years = DE FACTO GOVERNMENT OF THE SECOND KIND
The legislative and judicial acts of de facto government =
VOID AB INITIO.
In Re: Letter of Associate Justice Puno
Synopsis With respect to the Aquino government of 1986, it
can be said that the organization of Mrs. Aquinos government
was met by little resistance and her control of the state
evidenced by the appointment of the Cabinet and other key
officers of Cabinet officials, revamp of the Judiciary, and the
Military signaled the point where the legal system in effect
had ceased to be obeyed by the Filipino people.
REVOLUTIONARY.
C. Republic v. Sandiganbayan
Issue: Legality of search and seizure after the 1987
constitution was promulgated. Illegal search = against the bill
of rights.
Patterns of Government
What superficially appears to be a bewildering variety of
applications of constitutional democracy can be reduced to
the following basic patterns:
Direct government the people, organized as the
electorate, are the preponderant power holder
(Ancient Greek City-States)
Assembly government name for the pattern
which the parliament as the representation of the
people is the preponderant power holder (China,
former USSR)
o
Legislative assembly holds undisputed
supremacy over all other state organs,
subject only to the sovereign electorate
renewing it at regular intervals
o
Incompatible with bicameralism
o
Chief of state ceremonial

Go Kim Chan v. Valdez Tan Keh

Doctrine There are three kinds of de facto governments. Is the
government established by the Japanese DE FACTO?
KINDS OF DE FACTO GOVERNMENT
First, is when the government de facto gets
possession and control of, or usurps, by force or by
the voice of the majority, the rightful legal
government and maintains itself against the will
of the latter. (Cromwells England)
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

Parliamentarism where there exists an

equilibrium between the independent power holders,
parliament and government, and is attempted by the
integration of the two. There are two widely
divergent forms of this type, where the parliament is
superior in political power to the cabinet (French
model) or vice versa (British model).
o 6 STRUCTURAL ELEMENTS COMMON TO
ALL PARLIAMENTARY GOVERNMENTS:

Members of the government are

also members of the parliament.

RATIONALE:
So
the
Assembly
can
subject

them
to
political
responsibility by making
them stand up in the
midst and account for
their conduct of office.
Government/Cabinet consists of
the political leaders of the majority
party
Pyramidal structure with the Prime
Minister as its apex and recognized
leader

PM exercises undisputed
supremacy
over
his
ministerial colleagues.
Government remains in power so
long as it commands the support of
the majority of the members of the
parliament

Power
is
lost
when
majority
withdraws
its
support

General elections change

the majority structure of
parliament

Policy decision is shared by the

government and the parliament

It is in POLICY CONTROL that the

crux
of
the
pattern
of
a
parliamentary government lies

Dissolution and vote of

non-confidence
belong
together like piston and
cylinder
Cabinet prime minister and cabinet over the
parliament
o
MAIN FEATURES:

Existence of 2 alternating parties

possessing even chances in the
long run becoming the majority
party

Cabinet is relatively a small

committee composed of leaders of
the majority party

The official leader of the winning

party is the prime minister
designate. Undisputed leader and
superior of his cabinet whose
members he choose upon his
discretion

Policy decision is in the hands of

PM and cabinet, the commons are
granted only that degree of
participation
in
the
policy
execution by legislation that the
prevailing political climate of public
opinion demands

Policy control is vested in both

houses of the parliament and the
electorate

Majority
of
the
parliament
members = men of intelligence,
integrity, and experience. PARTY
DICSIPLINE!
Presidential If the independent power holders,
government and parliament, are kept separated but
are constitutionally obligated to corporate for the
formation of the will of the state, interdependence is
achieved by coordination.

Marcos Dictatorship and Parliamentarism vs. Presidential

Government

The Marcos government was a presidential form of

government. A presidential form of government has these
distinguishing features:
separation of powers
the preeminence of the President
First of all, Marcos inherited the powers of the President as
defined in the 1935 Constitution. He was also superior to the
Prime Minister by the fact that he nominated the Prime
Minister, approved the program of government to be
administered by the Prime Minister, terminated the term of
the Prime Minister if and when he nominates his successor,
and could delegate powers to the Prime Minister. He also had
control over the ministries. Moreover, while there was a closer
relationship between the executive and legislative, thereby
manifesting some aspects of parliamentarism, there was a
definite separation. Separation from the Judiciary was also
maintained.

Section 2. The Philippines renounces war as

an instrument of national policy, adopts the
generally
accepted
principles
of
international law as part of the law of the
land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and
amity with all nations.
Renunciation of war

The war that is renounced is an aggressive and not a

defensive war.
Congress = power to declare a state of war

Adoption of International law

International law can only become part of municipal law

through the appropriate constitutional machinery, such as
an act of parliament or Congressional legislation.
TRANSFORMATION and INCORPORATION
Sec. 2 Art II accepts doctrine of incorporation.
International law has the same force as domestic law
Cases of Mejoff v. Director of Prisons (alien of Russian
descent who had been detained. Invoked the Universal
Declaration of Human Rights)
AGUSTIN V. EDU use of early warning devices. Court
ruled that the 1968 Vienna Convention on Road Signs and
Signals had been ratified
Although the doctrine of incorporation tells us that public
international law carries the same weight as statutory
law, when it comes to general principles of international
law, the ones that will be adopted by the country are
arrived at through jurispruidential development.

Adherence to policy of peace, freedom, amity

Foreign policy = national interest

Section 3. Civilian authority is, at all times,

supreme over the military. The Armed
Forces of the Philippines is the protector of
the people and the State. Its goal is to
secure the sovereignty of the State and the
integrity of the national territory.
Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

people and the State. Its goal is to secure the sovereignty of

the State and the integrity of the national territory. The
section is divided into two clauses, the Civilian Supremacy
clause and the Mark of Sovereignty clause.

Civilian Supremacy - Civilian authority is, at all times,

supreme over the military.
Mark of Sovereignty -The AFP is the protector of the
people and the state.
As politics get into the army, the army gets into
politics. MARTIAL LAW.
Armed forces = protector of the state

Mark of Sovereignty
The MoS clause is, in capsule form, the description of a
soldiers vocation. The soldier is supposed to renounce
political ambition because he finds nobility and dignity and
honor in being the guardian of the people and of the integrity
of the national territory of a legitimate government. This is
not a principle, which once articulated, creates the reality that
it seeks to describe. To keep the dream of civilian supremacy
alive, two elements are needed: a civilian government that is
both legitimate and stable, and an armed force of the highest
professionalism.

Section
4.
The
prime
duty
of
the
Government is to serve and protect the
people. The Government may call upon the
people to defend the State and, in the
fulfillment thereof, all citizens may be
required, under conditions provided by law,
to render personal, military or civil service.
Compulsory military and civil service; protection of
people and State

Volunteer system entrusting the sacred mission of

defending the country to men lacking in capacity
who have proved failures in other fields of activity
(like in Korea)
People v. Lagman the accused was prosecuted for
failing to register for military service under the
National Defense Act. Act is NOT unconstitutional.
People v. Manayo

Section 5. The maintenance of peace and

order, the protection of life, liberty, and
property, and promotion of the general
welfare are essential for the enjoyment by
all the people of the blessings of
democracy.

Section 7. The State shall pursue an

independent foreign policy. In its relations
with
other
states,
the
paramount
consideration shall be national sovereignty,
territorial integrity, national interest, and
the right to self-determination.
An Independent foreign policy

Discussions on the future of the military bases in

Subic and Clark

Closest reference to military bases that a dominant

majority in the ConCom would allow in the body of
the consti

Section 8. The Philippines, consistent with

the national interest, adopts and pursues a
policy of freedom from nuclear weapons in
its territory.

Section 9. The State shall promote a just

and dynamic social order that will ensure
the prosperity and independence of the
nation and free the people from poverty
through policies that provide adequate
social services, promote full employment, a
rising standard of living, and an improved
quality of life for all.
Section 10. The State shall promote social
justice
in
all
phases
of
national
development.

Peace, order, and general welfare

Padilla: provision recognized a hierarchy of rights
LIFE (1), LIBERTY (2), PROPERTY (3)

Section 6. The separation of Church and

State shall be inviolable.

A policy of freedom from nuclear weapons

2 questions: 1. What are banned by the provision 2.
How absolute is the ban?
not only possessing weapons but also NUCLEAR
TESTS in our territory as well as the use of our
territory as dumping ground for radioactive wastes
(JPEPA?!)
Not a ban on the peaceful uses of nuclear energy

Article III, Section 5

STATE POLICIES

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

SOCIAL JUSTICE equalization of economic, political,

and social opportunities with special emphasis on the
duty of the state to tilt the balance of social forces by
favouring the disadvantaged in life
Common tao, PREFERENTIAL OPTION FOR THE POOR
Tondo Medical Center Employees v. CA
o
HEALTH SECTOR REFORM AGENDA (HSRA)
= Making free medicine and free medical
services
inaccessible
to
economically
disadvantaged principles
o
Petitioners requests that HRSA declared
VOID because it counters to the aspiration
and ideals of the Filipino people as
embodied in the Constitution
o
As a general rule, provisions of the
constitution
are
considered
SELFEXECUTING and do not require future
legislation for their enforcement. For if they
are not treated as self-executing, the
mandate of the fundamental law can be
easily nullified by the inaction of congress.
However, some provisions have already

been categorically declared by this court as

non-self executing
TANADA V. ANGARA These principles in
Art II are NOT intended to be self-executing
principles ready for enforcement thru the
courts. They are used by the judiciary as
aids or guides in the exercise of its power of
judicial review, and by the legislature in its
enactment of laws

patriotism and nationalism, and encourage

their involvement in public and civic affairs.

NON-SELF EXECUTIN: 5 (church

and state), 9 (promote dynamic
social order), 10 (social justice), 11
(dignity), 12 (sanctity of family
life), 15 (right of health), 18 (labor)
BASCO V. PAGCOR Sec 11 (dignity), 12
(sanctity of family life) and 13 (youth) of Art
II ARE NOT SELF-EXECUTING PROVISIONS.
These cannot give rise to a cause of action
in the courts. They do not embody judicially
enforceable consti rights

Section 11. The State values the dignity of

every human person and guarantees full
respect for human rights.
Section 12. The State recognizes the
sanctity of family life and shall protect and
strengthen
the
family
as
a
basic
autonomous social institution. It shall
equally protect the life of the mother and
the life of the unborn from conception. The
natural and primary right and duty of
parents in the rearing of the youth for civic
efficiency and the development of moral
character shall receive the support of the
Government.

FAMILY a stable, heterosexual relationship

Family is anterior to the state and is not a creature of
the state
It protects the family from the instrumentalization by
the state
2 points on the legal meaning and purpose of the
protection that is guaranteed for the unborn:
o
1. THIS IS NOT AN ASSERTION THAT THE
UNBORN IS A LEGAL PERSON
o
THIS IS NOT AN ASSERTION THAT THE LIFE
OF THE UNBORN IS PLACED EXACTLY ON
THE LEVEL TO SAVE THE LIFE OF THE
MOTHER
o
When the life of the mother needs to be
saved, the unborn can be sacrificed but not
merely when the purpose is to save the
mother from emotional suffering
o Roe v. Wade liberalized abortion laws up
to the 6th month of pregnancy by allowing
abortion any time in the first 6th months
o Roe was overturned by CASEY. 4th month
with undue burden test and will inform the
parents and father

Section 13. The State recognizes the vital

role of the youth in nation-building and
shall promote and protect their physical,
moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth

As to the education of children, the rights of the

State and parents are delineated, as the primary
right belongs to the parents and affirms the
secondary and supportive role of the state.
The State, as parens patriae, may step in when a
natural parent cannot or fails to cope with the duties
of raising his or her children.

Section 14. The State recognizes the role of

women in nation-building, and shall ensure
the fundamental equality before the law of
women and men.

Fundamental equality between men and women

before the law
The provision is worded as not to dislocate the Civil
Code and the jurisprudence on the subject. What it
does is to give impetus to the removal, through
statutes, of existing inequalities. The general idea is
for the law to ignore gender in determining rights
and duties

Section 15. The State shall protect and

promote the right to health of the people
and instill health consciousness among
them.
Section 16. The State shall protect and
advance the right of the people to a
balanced and healthful ecology in accord
with the rhythm and harmony of nature.
The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm
and harmony of nature. This provision recognizes an
enforceable right. This is illustrated in the following cases.
Oposa v. Factoran

The subject matter of the complaint is the general

interest of all citizens of the Philippines. The
petitioner minors assert that they represent their
generation and the generations yet unknown. Their
personality to sue in behalf of succeeding
generations
is
based
on
the
concept
of
intergenerational responsibility. Every generation has
a responsibility to the next to preserve the rhythm
and harmony for the full enjoyment of a balanced
ecology.
Intergenerational responsibility and justice
Minors: 1) cancel all existing timber license
agreements in the country and 2) cease and desist
from receiving, accepting, renewing, or approving
new timber license agreements

Laguna Lake
Appeals

Development

Authority

v.

Court

of

Some residents near the dumpsite in Caloocan were

concerned about pollution. The LLDA issued a cease
and desist order because of its harmful effects on the
residents and the possible pollution to the receiving
streams. The Court upheld the LLDA ruling.

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

Section 17. The State shall give priority to

education, science and technology, arts,
culture, and sports to foster patriotism and
nationalism, accelerate social progress, and
promote
total
human
liberation
and
development.
This does not mean that the government is not free to
balance the demands of education against other competing
and urgent demands.

Section 18. The State affirms labor as a

primary social economic force. It shall
protect the rights of workers and promote
their welfare.
This means that the human factor has primacy over the nonhuman factor in production.

Section 19. The State shall develop a selfreliant and independent national economy
effectively controlled by Filipinos.

This is a guide for interpreting provisions on the

national economy and patrimony
Any doubt must be resolved in favour of self-reliance
and independence in favour of Filipinos

Garcia vs Board of Investments

Transfer of the petrochemical plant in Bataan to

Batangas
Taiwanese want to transfer the site to Batangas
because of employment issues.
Issue: WON the foreign investor has the right of final
choice of plant site
BOI committed a grave abuse of discretion in
approving the transfer of the petrochemical plant
from Bataan to Batangas and authoring change of
feedstock from naptha oly naptha and LPG for the
main reason that the final say is in the investor all
other circumstances to the contrary notwithstanding
Consti = NATIONAL INTEREST
Other case: Manila Prince Hotel

Section 20. The State recognizes the

indispensable role of the private sector,
encourages private enterprise, and provides
incentives to needed investments.

MARINE RADIO COMMUNICATIONS ASSOCIATION V.

REYES Article II, Section 20 is no more than an
acknowledgement of the importance of private
initiative in building the nation. However, it is not a
call for official abdication of duty to citizenry

Section 21. The State shall promote

comprehensive rural development and
agrarian reform.
Comprehensive rural development also includes: 1. Social 2.
Economic 3. Human 4. Cultural 5. Political and 6. Industrial
development

Section 22.
promotes the
communities
national unity

The State recognizes and

rights of indigenous cultural
within the framework of
and development.

Indigenous and cultural communities are discussed

under National Economy and Patrimony (XII) and LG
(X)

Section 23. The State shall encourage nongovernmental,

community-based,
or
sectoral organizations that promote the
welfare of the nation.
Section 24. The State recognizes the vital
role of communication and information in
nation-building.
*The 1986 Constitutional Commission refused to impose a
social responsibility on media
imposing such a duty will open the door for the state to
require media to follow a certain line
*Note: Article XVI Sec. 10-11
Art. XVI Sec. 10. The State shall provide the policy
environment for the full development of Filipino capability and
the emergence of COMMUNICATION STRUCTURES suitable to
the needs and aspirations of the nation and the BALANCED
FLOW OF INFORMATION into, out of, and across the country, in
a accordance with a policy that respects FREEDOM OF
SPEECH.
Communication
Policy-includes
within
its
scope
COMMERCIAL TELECOMMUNICATIONS, MASS MEDIA, and
ADVERTISING. This section is concerned with the AVAILABILITY
and REACH of communication facilities.
The State may exercise its authority TO MAINTAIN a PROPER
COMMUNICATION ENVIRONMENT by ordering a PRIVATE
telephone company to allow interconnection.
e.g.
Philippine
Long
Distance
Telecommunications Commissions:

Co.

vs.

National

The Court: The interconnection which has been required of

PLDT is a form of intervention with property rights...The
decisive considerations are PUBLIC NEED, PUBLIC INTEREST
and the COMMON GOOD...To these PUBLIC and NATIONAL
INTERESTS, PUBLIC UTILITY COMPANIES must bow and yield.
Art. XVI Sec. 11. (1) The OWNERSHIP and MANAGEMENT of
MASS MEDIA shall be limited to CITIZENS of the PHILIPPINES,
or to corporations, cooperatives or associations, WHOLLYOWNED and MANAGED by such CITIZENS.
The CONGRESS shall REGULATE or PROHIBIT
MONOPOLIES in COMMERCIAL MASS MEDIA when the PUBLIC
INTEREST so requires.
(2) The ADVERTISING industry is impressed
with PUBLIC INTEREST, and shall be regulated by law for the
PROTECTION OF CONSUMERS and the PROMOTION of the
GENERAL WELFARE.
ONLY FILIPINO CITIZENS or corporations or
associations at least SEVENTY PER CENTUM of the capital of
which is owned by such citizens shall be allowed to engage in
the advertising industry.

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

The participation of FOREIGN INVESTORS in the

governing body of entities in such industry shall be LIMITED
TO THEIR PROPORTIONATE SHARE in the capital thereof, and
all the EXECUTIVE and MANAGING OFFICERS of such entities
MUST BE CITIZENS OF THE PHILIPPINES.

Local Autonomy-means more than just decentralization:

*The Consti. Commission did not succeed in formulating a

definition of MONOPOLIES

(1) broaden the base of government power making local

governments more RESPONSIVE and ACCOUNTABLE

MASS MEDIA-includes radio, television, and the printed media.

It does not include commercial telecommunications, which are
governed as public utilities, nor the advertising industry.

(2) ensure their

communities

PUBLIC UTILITY-a utility corporation which renders service to

the general public for COMPENSATION. Its service is not
confined to privileged individuals but is OPEN TO AN
INDEFINITE PUBLIC. It is a business or service engaged in
regularly supplying the public with some commodity or
service of PUBLIC CONSEQUENCE (Iloilo Ice and Cold Storage
Co. v. Public Utility Board, Art. XII Sec. 11).

Section 25. The State shall ensure the

autonomy of local governments.
*Note: Article X Sec. 1-3
Art. X Sec. 1. The TERRITORIAL
and
POLITICAL
SUBDIVISIONS of the Republic of the Philippines are the
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS. There
shall be AUTONOMOUS REGIONS in MUSLIM MINDANAO and
THE CORDILLERAS as herein after provided.
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS-fixed as
the standard TERRITORIAL and POLITICAL SUBDIVISIONS of
the Philippines
AUTONOMOUS REGION-a BODY CORPORATE consisting of
provinces, cities, and municipalities. Creation of other
autonomous regions can only be accomplished by
CONSTITUTIONAL AMENDMENT.
The right of PROVINCES, CITIES,
MUNICIPALITIES,
BARANGAYS, and AUTONOMOUS REGIONS to exist as the
TERRITORIAL and POLITICAL SUBDIVISIONS of the state is no
longer just a STATUTORY RIGHT but a CONSTITUTIONAL
RIGHT.
Salient Criteria for AUTONOMY:
(1) AUTONOMY should be compatible with NATIONAL GOALS
(2) AUTONOMY should ensure WIDEST PARTICIPATION and
INITIATIVE to the local government unit
(3) AUTONOMY should assure the development of SELFRELIANT communities
LOCAL GOVERNMENT-a POLITICAL SUBDIVISION of a nation or
a state which is CONSTITUTED BY LAW and has SUBSTANTIAL
CONTROL of LOCAL AFFAIRS.
Unitary System of the Philippines: LOCAL GOVERNMENT can
only be an infra-sovereign subdivision of ONE SOVEREIGN
NATION.
It cannot be an imperium in imperio but only:
(1) a measure of autonomy
(2) decentralization of the FUNCTIONS of GOVERNMENT
Art. X Sec. 2. The TERRITORIAL and
SUBDIVISIONS shall enjoy LOCAL AUTONOMY.

POLITICAL

Decentralization of ADMINISTRATION-when the CENTRAL

GOVERNMENT delegates ADMINISTRATIVE powers to political
subdivisions in order to:

fullest

development

as

SELF-RELIANT

(3) make them more effective PARTNERS in the pursuit of

NATIONAL DEVT. and PROGRESS
(4) relieves THE CENTRAL GOVERNMENT the burden of
managing LOCAL AFFAIRS, enabling it to focus on NATIONAL
CONCERNS
Decentralization of POWER-involves an abdication of
POLITICAL POWER in favour of LOCAL GOVERNMENT UNITS
declared
to
be
AUTONOMOUS.
The
AUTONOMOUS
GOVERNMENT becomes accountable not to the CENTRAL
AUTHORITIES but to ITS CONSTITUENCY.
*The meaning of LOCAL AUTONOMY under the 1987
Constitution, HOWEVER, was effectively thrown down to the
LEVEL OF AUTONOMY under the 1935 Constitution.
e.g. Magtajas v. Pryce Properties: GOVT OF CAGAYAN DE ORO
CITY contended that it could prevent the PAGCOR from
operating a casino in the city, under its authority to prohibit
gambling. PAGCOR, however, had authority under P.D. No.
1869 to CENTRALIZE and REGULATE all games of chance
under territorial jurisdiction of the Philippines.
THE COURT ruled that: CDO City could not curtail PAGCORS
authority. Municipal governments are ONLY AGENTS of the
national government. Municipal corporations owe to, and
derive their powers and rights wholly from the LEGISLATURE.
Lina, Jr. v. Pano: an attempt by the provincial government
to PROHIBIT LOTTO. THE COURT ruled: The provincial
government may not prohibit lotto.
*Commision on Audit MAY NOT reduce the allowance given to
JUDGES
by LOCAL GOVERNMENTS, as the LOCAL
GOVERNMENT CODE authorizes LOCAL GOVERNMENTS to
give allowance to judges and decide how much this should be.
San Juan v. Civil Service Commission:
Facts: By E.O. No. 112, authority to appoint a Provincial
Budget Officer (PBO) had been given to the SECRETARY OF
BUDGET MANAGEMENT upon RECOMMENDATION of the
LOCAL EXECUTIVE concerned. The person recommended by
the PROVINCIAL GOVERNOR, however, did not possess the
necessary qualifications. Hence, the c appointed somebody
else of his own choice.
Issue: The authority to appoint a PBO.
Held: THE COURT rules that if the recommendee of the
PROVINCIAL GOVERNOR is not qualified, the SECRETARY OF
BUDGET MANAGEMENT must ask for new recommendees with
the necessary eligibility.
San Juan was aware that there are factors about life in a
local community about which the CENTRAL GOVERNMENT is
NOT the best judge. THE COURT: More important is the
proper administration of FISCAL AFFAIRS at the LOCAL
LEVEL.
Laguna Lake Devt. Authority v. Court of Appeals

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

Facts: The Task Force Camarin Dumpsite filed a complaint

with the Laguna Lake Devt. Authority (LLDA) seeking to stop
the operation of the garbage dumpsite in Tala Estate, Brngy.
Camarin, Caloocan City due to its harmful effects on the
health of the residents and the possibility of pollution of the
water content of the surrounding area. The LLDA found out
that the City Government was not able to secure an
Environmental Compliance Certificate (ECC) from the
Environmental Management Bureau (EMB) before maintaining
an open dumpsite. The LLDA issued a CEASE and DESIST
ORDER ordering the City Government of Caloocan to stop
dumping garbage at the Camarin Dumpsite. Less than a year
later, the dumping operation was resumed after a meeting
among the City Government of Caloocan. The LLDA then
issued another order reiterating the CEASE AND DESIST
ORDER previously issued. The City Government filed with the
RTC DECLARATION OF NULLITY of the CEASE AND DESIST
ORDER.
Issue: Which agency can lawfully exercise jurisdiction over the
matter?
Held: The Supreme Court denied to the municipalities around
Laguna Lake and here, the City Government of Caloocan, the
power to authorize the construction or dismantling of
fishpens, fish enclosures, and the like (in this case a garbage
dumpsite) in Laguna Lake. The COURT ruled that the SPECIFIC
POWER of the LLDA must prevail over the GENERAL POWER of
LOCAL GOVERNMENTS.

SOLE AND EXCLUSIVE RIGHT

to decide on whether to
INITIATE a recall proceeding or not.
Issue: Whether the Local Government Code also authorizes
local government units to have a sole and exclusive right to
decide on whether there should be a recall proceeding or not.
Held: The COURT did not agree with Governor Garcia and
stated that the CONGRESS has made its choice as called for
by the constitution and it is not the prerogative of this court to
supplant this judgement. There is nothing in the
CONSTITUTION that will remotely suggest that the people
have the sole and exclusive right to decide on whether to
initiate a recall proceeding.
CONGRESS was not straight jacketed to one particular
mechanism of initiating recall elections and was given the
POWER TO CHOOSE the effective mechanism of recall AT ITS
DISCERNMENT. It is the LEGISLATIVE that determines the
necessity, adequacy, wisdom and expediency of law.
Principal Guidelines given to CONGRESS for structuring LOCAL
GOVERNMENT UNITS:
(1) The structure must be RESPONSIVE and ACCOUNTABLE
(2) It must be
DECENTRALIZATION

instituted

through

SYSTEM

OF

The issuance of the CEASE AND DESIST ORDER by the LLDA

is a proper exercise of its power and authority under its
charter and amendatory laws. This charter of LLDA, R.A. 4850
have provided the power to institute necessary legal
proceeding against any person who shall commence to
implement or continue implementation of any project, plan or
program WITHIN THE LAGUNA DE BAY REGION without
previous clearance from the LLDA. In addition, E.O. 927
series of 1983 confers on the LLDA the power to make, alter
or modify orders requiring the discontinuance of pollution.

Section 26. The State shall guarantee equal

access to opportunities for public service
and prohibit political dynasties as may be
defined by law.

Art. X Sec. 3. THE CONGRESS shall enact a LOCAL

GOVERNMENT CODE which shall provide for a more
RESPONSIVE and ACCOUNTABLE local government structure
instituted through a SYSTEM OF DECENTRALIZATION with
effective
mechanism
of
RECALL,
INITIATIVE,
and
REFERENDUM, ALLOCATE among the different local
government units their powers, responsibilities, and
resources, and provide for the QUALIFICATIONS, ELECTION,
APPOINTMENT AND REMOVAL, TERM, SALARIES, POWERS AND
FUNCTIONS AND DUTIES OF LOCAL OFFICIALS, and all other
matters relating to the organization and operation of the local
units.

*The meaning of POLITICAL DYNASTIES has been left for

CONGRESS to define:

INITIATIVE AND REFERENDUM-the legal process whereby the

registered voters of a LOCAL GOVERNMENT UNIT
may
DIRECTLY propose, enact, or amend any ordinance.
The COURT has ruled that, even as worded, the statute
authorizes INITIATIVE AND REFRENDUM not just on ordinances
BUT ALSO ON RESOLUTIONS
RECALL-as an instrument for effecting official accountability,
is a DEVICE or PROCEDURE by which a public officials tenure
may be terminated by POPULAR VOTE. It may be applied to
both ELECTIVE and APPOINTIVE officials.
e.g. Garcia v. Commission on ElectionsFacts: The 1991 Local Government Code authorized
PROVINCES,
CITIES,
LEGISLATIVE
DISTRICTS
AND
MUNICIPALITIES to have a PREPARATORY RECALL ASSEMBLY
authorized to initiate the recall of an elective official.
Governor Garcia contended that such a right includes the

*The establishment of political dynasties is an effective way of

MONOPILIZING and PERPETUATING power. BUT the argument
that the ELECTORATE should be LEFT FREE TO DECIDE is not
without VALIDITY.

DEAN BAU: POLITICAL DYNASTIES still has no definition to

date. The question is are the principles CORRECT and can
they be IMPLEMENTED?
A. Pamatong v. Comelec article is not self-executing
Facts: PETITIONER Rev. Ely Pamatong filed his Certificate of
Candidacy. The COMELEC refused to give due course to the
PETITIONERS Certificate of Candidacy. PETITIONER sought to
reverse the resolutions which were allegedly rendered in
violation of his right to equal access to opportunities for
public service under Sec. 26, Art. II.
Issue: Whether denial of PETITIONER to run for the presidency
violative of his right to equal access to opportunities for
public service under Sec. 26, Art. II.
Held: No. The provision is not intended to compel the state to
enact positive measures that would accommodate AS MANY
PEOPLE AS POSSIBLE into public office.
There is no CONSTITUTIONAL RIGHT to run for or hold public
office. What is recognized is merely a privilege subject to
LIMITATIONS imposed by law. Some valid limitations
specifically on the privilege to seek elective office are found in
the provisions of the OMNIBUS ELECTION CODE on NUISANCE
CANDIDATES and COMELEC Resolution No. 6452, wherein the
COMELEC may motu proprio refuse to give due course to or
cancel a Certificate of Candidacy.

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

Section 27. The State shall maintain

honesty and integrity in the public service
and take positive and effective measures
against graft and corruption.
*NOTE: Article XI
Art. XI Sec. 1. PUBLIC OFFICE is a PUBLIC TRUST. Public
officers and employees must at all times be ACCOUNTABLE to
the people, serve them with utmost RESPONSIBILITY,
INTEGRITY, LOYALTY, AND EFFICIENCY, act with PATRIOTISM
and JUSTICE, and lead MODEST lives.
The provisions of Art. XI are
ACCOUNTABILITY from public officers

designed

to

exact

Art. XI Sec. 2. The PRESIDENT, THE VICE-PRESIDENT, THE

MEMBERS OF THE SUPREME COURT, THE MEMBERS OF THE
CONSTITUTIONAL COMMISSIONS, AND THE OMBUDSMAN may
be removed from office, ON IMPEACHMENT for, and
CONVICTION
OF,
CULPABLE
VIOLATION
OF
THE
CONSTITUTION, TREASON, BRIBERY, GRAFT and CORRUPTION,
OTHER HIGH CRIMES, or BETRAYAL OF PUBLIC TRUST. All
other public officers and employees may be removed from
office as provided by law, but NOT BY IMPEACHMENT.
The 2 exceptions of JUDICIAL INDEPENDENCE:
(1) power of the COMELEC and of the ELECTORAL TRIBUNALS
to be judges of ELECTIONS CONTESTS
(2) power of IMPEACHMENT of CONGRESS, the exercise of
which is an act of POLITICAL JUSTICE**
IMPEACHMENT PROCESS-The RIGHT to be removed ONLY BY
IMPEACHMENT is the Constitutions strongest guarantee of
SECURITY OF TENURE. The guarantee effectively blocks the
use of other legal ways of ousting an officer.

makes the president immune from LEGAL ACTION

but at the same time REMOVABLE in extreme cases

e.g. In re Gonzales-the suggestion that a Supreme Court

justice may be subjected to disbarment proceedings was
dismissed by THE COURT: A public officer...who may be
removed from office only by impeachment, cannot be charged
with disbarment during the incumbency of such public
officer.
The object of the process is NOT TO PUNISH but ONLY TO
REMOVE a person from office
REMOVAL and DISQUALIFICATION are the only punishments
that can be imposed upon conviction on impeachment.
CRIMINAL and CIVIL LIABILITY can follow AFTER the officer has
been removed by IMPEACHMENT.
Art. XI Sec. 4. The present ANTI-GRAFT COURT known as the
SANDIGANBAYAN shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.
*The SANDIGANBAYAN-shall have the jurisdiction over
CRIMINAL and CIVIL cases involving GRAFT and CORRUPT
practices.
Art. XI Sec. 15. The RIGHT OF THE STATE to RECOVER
PROPERTIES unlawfully acquired by PUBLIC OFFICIALS of
EMPLOYEES, from them or from their nominees or transferees,
shall not be barred by PRESCRIPTION, LACHES, OR ESTOPPEL.
PRESCRIPTION-A method of acquiring or extinguishing rights
through the inaction of the legal owner

LACHES-A legal doctrine whereby those who take too long to

assert a legal right, lose their entitlement to a right or
compensation.
ESTOPPEL-A bar preventing one from making an allegation or
a denial that contradicts what one has previously stated as
the truth.
R.A. 1379 Sec. 11: The laws concerning acquisitive
prescription and limitation of actions CANNOT BE INVOKED by,
nor shall they benefit the RESPONDENT in respect of any
property UNLAWFULLY ACQUIRED by him.
Art. XI Sec. 16. No LOAN, GUARANTY, or other form of
FINANCIAL ACCOMMODATION for any business purpose may
be granted, DIRECTLY or INDIRECTLY, by any GOVERNMENTOWNED or CONTROLLED bank or financial institution to the
PRESIDENT, THE VICE-PRESIDENT, THE MEMBERS OF THE
CABINET, THE CONGRESS, THE SUPREME COURT, AND THE
CONSTITUTIONAL COMMISSIONS, THE OMBUDSMAN, or to any
firm or entity in which they have controlling interest, during
their tenure.
Includes only those of HIGH RANK

Section
28.
Subject
to
reasonable
conditions prescribed by law, the State
adopts and implements a policy of full
public disclosure of all its transactions
involving public interest.
Art. III Sec. 7. The right of the people to information on
matters of PUBLIC CONCERN shall be recognized. Access to
OFFICIAL RECORDS, and to DOCUMENTS, and PAPERS
pertaining to OFFICIAL ACTS, TRANSACTIONS, or DECISIONS,
as well as to GOVERNMENT RESEARCH DATA used as basis for
policy development, shall be afforded the citizen, subject to
such LIMITATIONS as may be provided by law.
e.g. Subido v. Ozaeta (Pre-1973 Case):
Facts: The press wanted to examine the records of the
Register of Deeds.
Issue: Whether the press, and for that matter, the public had
a CONSTITUTIONAL RIGHT to demand the examination of
PUBLIC LAND records.
Held: The press had a STATUTORY RIGHT to examine the
records of the Register of Deeds because the interest of the
press was REAL and ADEQUATE.
Note: However, THE COURT said: We do not believe that the
CONSTITUTIONAL RIGHT to FREEDOM OF SPEECH is in any
way involved (in this case). Freedom of information and
freedom to obtain information for publication is NOT
GUARANTEED by the constitution.
1973 Constitution: Went beyond the Subido case:
recognized the right of access to public documents and
records as a SELF-EXECUTORY CONSTITUTIONAL RIGHT.
Preserved by the 1987 Consti with the addition of
government research data as a reaction to the government
practice during the Marcos regime of withholding such data
from the public.
Also determined in Chavez is the extent to which the public
has a right to information about the efforts of government
through the PCGG to recover ILLEGALLY OBTAINED WEALTH.
THE COURT: It is incumbent upon the PCGG to disclose
sufficient public information...such information, though, must
pertain to DEFINITE PROPOSITIONS...not to communications

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.

during the stage when common assertions are still IN THE

PROCESS of being formulated.
Gonzales v. Narvasa: Issue: Whether the Executive
Secretary, upon petition of a citizen, may be ordered to give
access to the names of executive officials holding multiple
positions in government, copies of their appointments, and
the list of the recipients of luxury vehicles seized by the BOC.
Held: THE COURT: The information is of public concern BUT
called attention to the limitations on the right found in R.A.
No. 6713 the Code of Conduct and Ethical Standards for
Public Officials and Employees, which provides that in the
performance of their duties, all public officials and employees
are obliged to respond to letters sent by the PUBLIC within 15
working days...
Lantaco, Sr. v. Llamas: THE COURT: While the public officers
in custody or control of public records have the discretion to
REGULATE, such discretion does not carry with it the
AUTHORITY TO PROHIBIT access, inspection, examination or
copying.
GSIS: In granting loans, exercises a PROPRIETARY FUNCTION
does not justify the exclusion of the transactions from the
coverage and scope of the RIGHT TO INFORMATION. As a
government institution, it may be compelled to show
documents evidencing BEHEST LOANS even if they are
proprietary in nature.
COMELEC: The refusal of the COMELEC to reveal the names
of the nominees for party-list seats violates the right of the
people to information on matters of PUBLIC CONCERN.

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